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Sydney’s building and construction industry is subject by countless laws and industry regulations. This often exposes professionals in this industry to legal obligations and affords victims of building and construction-related issues with rights they can enforce against wrongdoers.

Central to these disputes are the complex building and construction contracts which details the rights and obligations of all parties. However, it is the complexity of these contracts and the complex nature of building and construction activities which often leaves both parties confused and frustrated when a dispute arises.

Disputes can arise due to the quality of work, missed deadlines, incomplete work and inadequate cashflow, amongst other things.

Sterling Legal has worked with many building and construction professionals as well as consumers to resolve disputes or uphold their respective rights in such instances. Our expert team can assist you with a range of building and construction-related matters.

SERVICE PROVIDER REQUIREMENTS

The Australian Building Codes Board (ABCB) details the building and design requirements in their National Construction Code (NCC). In New South Wales, the NCC is given effect by Building and Construction Industry Security of Payment Act 1999 and Contractors Debts Act 1997. The NCC and these pieces of legislation regulate, amongst other things:

  • Plan submission and approval procedures
  • Licences and requirements;
  • Registration
  • Central elements of building and contracts;
  • Insurance and policy; and
  • Implied statutory warranties in building and design contracts.
  • Provision of evidentiary certificates
  • Inspections and audits
  • Review and enforcement of standards

The team at Sterling Legal are well-versed in these rules and regulations and provide up-to-date information and advice to consumers or builders either before entering into a building agreement or in the event of a dispute.

PRE-PROJECT CONSULTANCY

When planning a building or construction project, despite the size or type, it is important to ensure you make decisions which will bring about the desired outcome. In this phase, Sterling Legal assists clients in the minimisation of risk by ensuring clients make informed and efficient decisions in light of the appropriate advice.

Our risk minimisation requires that we identify potential risks of each company or individual when approaching the proposed project and developing a plan to manage such risks.

Contact Sterling Legal today for your risk-management consultation.

CONTRACT

Contracts are important in protecting both parties by ensuring they uphold their obligations. Hence, it is essential to ender into a contract before proceeding with building or construction work. This contract details the project and payment specifics amongst other things.

Sterling Legal develops the standard industry contract to provide project and circumstance-specific protections and guarantees.

Additionally, Sterling Legal also reviews proposed contracts to identify any potential risks or issues which may arise, proposing changes to protect your interests.

DEVELOPMENT PLANNING & APPROVAL

The Environmental Planning and Assessment Act 1979 regulates the administration and assessment of development planning applications in NSW. When planning to develop, construct or make renovations, Sterling Legal’s experienced solicitors advise clients on their obligations under environmental and planning laws for the purposes of developing applications for approval.

The experienced team at Sterling Legal prepare and lodge development applications on behalf of our clients to ensure their approval.

DISPUTE RESOLUTION

Building and construction-related disputes, if not resolved, can leave one or both parties at a severe loss. As such, it is most important to ensure cost-effective and efficient dispute resolution which safeguards the interests of all parties.

The Sterling Legal team are renowned for their dispute resolution and mediation skills and experience. The team employs a range of strategies to uphold our clients’ rights including expert witness reports, mediation , alterative dispute resolution, insurance claims and litigation.